Docket

31692

Michael Esty Ferguson v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2008-03-12 Appeal closed
2008-03-03 Formal judgment sent to the registrar of the court of appeal and all parties
2008-03-03 Judgment on appeal and notice of deposit of judgment sent to all parties
2008-02-29 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0501-0001-A, 2006 ABCA 261, dated September 25, 2006, heard on November 13, 2007, is dismissed.
Dismissed
2008-02-26 Correspondence received from, Marie-France Major dated Feb. 26, 2008. Re: Will not attend the lock-up Michael Esty Ferguson
2008-02-25 Correspondence received from, Pierre Landry dated Feb. 25, 2008. Re: Will not attend the lock-up Attorney General of Quebec
2008-02-07 Media lock-up request accepted
2008-02-06 Media lock-up consent form received from Michael Esty Ferguson
2008-01-29 Media lock-up consent form received from Her Majesty the Queen
2008-01-22 Media lock-up letter, consent form and undertaking sample sent to all parties
2008-01-08 Media lock-up requested or proposed
2007-11-27 Transcript received, (100 pages)
2007-11-13 Judgment reserved OR rendered with reasons to follow
2007-11-13 Respondent's condensed book, submitted in Court (14 copies) Her Majesty the Queen
2007-11-13 Appellant's condensed book, submitted in Court (14 copies) Michael Esty Ferguson
2007-11-13 Acknowledgement and consent for video taping of proceedings, from all parties
2007-11-13 Hearing of the appeal, 2007-11-13, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2007-11-09 Appellant's book of authorities, submitted in Court (paper form) (12 copies), Completed on: 2007-11-13 Michael Esty Ferguson
2007-11-07 Order by, Cha, FURTHER TO THE ORDER dated August 21, 2007, in which Charron J. granted leave to intervene to the Canadian Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2007-11-06 Notice of appearance, David Finley & Kimberley Crosbie will be present at the hearing Attorney General of Ontario
2007-10-30 Notice of appearance, Robert J. Frater & Nancy Dennison will be present at the hearing Attorney General of Canada
2007-10-29 Notice of appearance, Gilles Laporte & Jean-Vincent Lacroix will be present at the hearing Attorney General of Quebec
2007-10-26 Notice of appearance, Noel C. O'Brien, Q.C. will be present at the hearing Michael Esty Ferguson
2007-10-25 Notice of appearance, Andrew K. Lokan & Caroline V. Jones will be present at the hearing Canadian Civil Liberties Association
2007-10-25 Notice of appearance, Riichard A. Saull & Michael Conner will be present at the hearing Her Majesty the Queen
2007-10-16 Intervener's book of authorities, Completed on: 2007-10-18 Canadian Civil Liberties Association
2007-10-16 Intervener's factum, Completed on: 2007-10-18 Canadian Civil Liberties Association
2007-10-16 Intervener's factum - AG on constitutional question, Completed on: 2007-10-16 Attorney General of Ontario
2007-10-15 Intervener's book of authorities, Completed on: 2007-10-15 Attorney General of Quebec
2007-10-15 Intervener's factum - AG on constitutional question, Completed on: 2007-10-15 Attorney General of Quebec
2007-10-15 Notice of withdrawal, of intervention Attorney General of British Columbia
2007-10-05 Intervener's book of authorities, Completed on: 2007-10-05 Attorney General of Canada
2007-10-04 Intervener's factum - AG on constitutional question, Completed on: 2007-10-04 Attorney General of Canada
2007-08-27 Notice of withdrawal, of intervention (service upon appellant missing) Attorney General of New Brunswick
2007-08-22 Correspondence received from, M.-F. Major dated Aug. 22/07 re: in response to the correspondence by H. S. Brown, Q.C. dated Aug. 16/07, the appellant takes no position (by e-mail) Michael Esty Ferguson
2007-08-22 Letter sent to Intervener(s)
2007-08-21 Order on motion for leave to intervene, (BY CHARRON J.)
2007-08-21 Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 20 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2007-08-21 Submission of motion for leave to intervene, Cha
2007-08-20 Notice of hearing sent to parties
2007-08-20 Appeal hearing scheduled, 2007-11-13, (previously Nov. 7/07)
Judgment reserved
2007-08-16 Correspondence received from, H. S. Brown, Q.C. dated Aug. 16/07 re: enclosing a copy of the sentence calculation to be added to their record - sent to the judges Sept. 12/07 Her Majesty the Queen
2007-08-07 Respondent's book of authorities, (Vol. 1 to 3) Service missing - rec'd Aug. 8/07 (Orig. Service from AG Quebec rec'd Aug 10/07), Completed on: 2007-08-08 Her Majesty the Queen
2007-08-07 Respondent's record, Service missing -rec'd Aug. 8/07 (Orig. Service from AG Quebec rec'd Aug. 10/07), Completed on: 2007-08-08 Her Majesty the Queen
2007-08-07 Respondent's factum, Service missing - rec'd Aug. 8/07 (Orig. service AG Quebec rec'd Aug. 10/07), Completed on: 2007-08-08 Her Majesty the Queen
2007-08-07 Appeal perfected for hearing
2007-07-23 Response to the motion for leave to intervene, e-mail from Gowlings dated July 23/07 (by CCLA), Completed on: 2007-07-23 Her Majesty the Queen
2007-07-11 Response to the motion for leave to intervene, (Letter Form), from M.-F. Major dated July 11, 2007 re: intervention by CCLA, Completed on: 2007-07-11 Michael Esty Ferguson
2007-07-10 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2007-07-10 Canadian Civil Liberties Association
2007-06-11 Appellant's record, (Vol. I to V), Completed on: 2007-06-11 Michael Esty Ferguson
2007-06-11 Appellant's book of authorities, (Vol. I and II), Completed on: 2007-06-11 Michael Esty Ferguson
2007-06-11 Appellant's factum, New CD rec'd June 18/07, Completed on: 2007-06-19 Michael Esty Ferguson
2007-05-29 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2007-05-29 Notice of intervention respecting a constitutional question Attorney General of Ontario
2007-05-28 Notice of intervention respecting a constitutional question Attorney General of Quebec
2007-05-23 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2007-05-18 Notice of intervention respecting a constitutional question Attorney General of Canada
2007-05-01 Notice of constitutional question(s), (served May 1/07) Michael Esty Ferguson
2007-04-27 Order on motion to state a constitutional question
2007-04-27 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Does the mandatory minimum sentence prescribed by s. 236(a) of the Criminal Code, R.S.C. 1985, c. C-46, constitute cruel and unusual punishment in the appellant's case, in violation of s. 12 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. If the answer to Question 2 is "no", does Canadian law recognize the availability of a constitutional exemption on a case-by-case basis from the statutory mandatory minimum sentence set out in s. 236(a) of the Criminal Code, R.S.C. 1985, c. C-46?
Granted
2007-04-19 Submission of motion to state a constitutional question, CJ
2007-03-09 Reply to the motion to state a constitutional question, (Letter Form), from N. O'Brien dated March 9, 2007 (fax copy), Completed on: 2007-03-09 Michael Esty Ferguson
2007-03-08 Response to the motion to state a constitutional question, (Letter Form), from H. Brown dated March 8, 2007 (fax copy), Completed on: 2007-03-08 Her Majesty the Queen
2007-03-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2007-03-01 Notice of appeal, Completed on: 2007-03-01 Michael Esty Ferguson
2007-03-01 Motion to state a constitutional question, Completed on: 2007-03-01 Michael Esty Ferguson
2007-02-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-02-02 Judgment on leave sent to the parties
2007-02-01 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0501-0001-A, 2006 ABCA 261, dated September 25, 2006, is granted.
Granted
2007-01-02 All materials on application for leave submitted to the Judges, CJ Cha Ro
2006-11-27 Book of authorities Her Majesty the Queen
2006-11-27 Respondent's response on the application for leave to appeal, Service missing - Rec'd on December 8, 2006., Completed on: 2006-12-08 Her Majesty the Queen
2006-11-06 Letter acknowledging receipt of a complete application for leave to appeal
2006-11-01 Correspondence received from, Marie-France Major explaining the publication ban on the juror Michael Esty Ferguson
2006-10-26 Book of authorities, Vol. II, III & IV Michael Esty Ferguson
2006-10-26 Application for leave to appeal, Vol. I, Completed on: 2006-10-26 Michael Esty Ferguson